Growing numbers of bowsers across Perth are being locked down to sell prepaid fuel only, as legal inertia and lack of clarity over petrol thefts forces more West Australian service stations to restrict motorist access.

With confusion over jurisdiction for the crime – considered a breach of contract, not theft, in WA – offenders are going unpunished, prompting service station owners to take matters into their own hands by locking down bowsers and only selling petrol to people who have paid prior.

Plagued by a reluctance to report the crime due to the confusion around the law, industry sources claimed WA held the unenviable title of fuel theft capital of Australia with incidents registering about three to four times the national average.

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Despite the fear of consumer backlash, business owners are increasing the numbers of prepaid bowsers from the outer lanes and expanding their late-night operating hours, in some cases, permanently.

WA Motor Trade Association Steve Moir told Fairfax Media the loss of a reported $6 million statewide due to fuel theft, coupled with legal loopholes and confusing jurisdiction of the crime, had been the tipping point for some owners.

“And that $6 million is what we know,” Mr Moir said.

“A lot of it goes unreported and it’s a couple of times a day for some.

“We’re higher than most states per capital ... so it’s not a good situation.

“There is a whole lot more prepaid [bowsers]... we’re now seeing a trend which is going to day (time).

“It’s a sad reality we’re at this point but it’s a clear indication of the frustration the industry is feeling about this.”

Owners were prepared to risk the ire of customers and lose profit-clearing sales from instore items by installing the prepaid bowsers rather than absorb more fuel thefts, Mr Moir said.

“Yes, they’re angry,” he said of motorists’ response to the prepaid system.

“People are really, really time poor.

“They want to get their petrol, fill up, go in and pay up but by going prepaid you’re robbing the business of the extra sales.

“When you consider there’s not a lot left [profit from petrol sales] they really are reliant on the extra made in from sales.

“It’s really important the customer comes into the shop and by locking these down it takes away the profits.

“Now we consider the modern service station like the corner store of 20 years ago. “

Service Station Association senior manager Colin Long said methods such as tyre spikes and boom gates had been considered and a 2013 study tour of the US to investigate ATM-style fuel release was ditched after the group found the bowsers could be infiltrated by skimming.

Ultimately, Mr Long said, the choice to prepay was the owner’s.

“It’s very much up to the operator but there’s a reluctance to do it because they’re a small business and it’s a huge cost.

“A lot of the profit comes from walk-ins where people purchase additional items on top of their fuel spend, so they really need people to come into their store

“Unfortunately the old service station of our childhood is long gone.”

The MTA stated there were approximately 300 service stations around Perth made up of independents and large groups, incorporating chain supermarkets.

Mr Moir said under the current process to reclaim monies lost from petrol theft, owners had to chase motorists civilly through the courts.

He said the industry had suggested police imposed a $500 penalty notice but that had not been implemented.

Experienced operator Leon Tal said he introduced the prepaid technology on 90 per cent of his bowsers about eight years ago, despite some opposition

“I was a pioneer for doing this,” he said.

“When I realised I can do it [prepay] during the day I did it but the big companies didn’t like it during the day.

“They [the customers] don’t think about punishing the shop owner. Most of the people understand why we had to do the prepaid.

“I don’t think they had a problem with prepaid. In the beginning they were saying ‘you don’t trust us’ but over time they all come to our service station.”

Mr Tal said the move had saved him up to $400,000 from drive-off thefts.

“It can be four times a day which means $80 each time, sometimes $100.

Mr Tal’s response to seeking help about petrol thefts mirrored the mood of an industry frustrated by the perceived lack of outcomes.

“We caught a lot of people but the police don’t do anything.”

Added Mr Long: “It’s a lot of time and effort for a business owner who has to make a statement to police, take a day off work, or his employees take a day off to attend court,” Mr Long said.

“One drive off is one whole night’s margin wiped off.”

WA opposition spokesman for transport Ken Travers said jurisdiction of the law needed to change.

“The government needs to treat this issue seriously and provide an option to this.

“We need to support legislation to close the loophole.

“There is no doubt in my mind that it’s a criminal act but you have to apply the same logic if someone accidently walks out with something from a shop and clearly there are cases of discretion and genuine mistakes.

“It’s a bit like the taxi drivers, make the law for everyone."

Mr Travers said as more bowsers became prepaid consumers would see higher petrol prices to offset the loss of income from a drop in store sales.

“The reality is if their turnover drops they’re going to have to increase the cost of their petrol.

WA Police Assistant Commissioner Gary Budge, Metropolitan Region, said fuel drive-offs were not new and the issue had been discussed between WA Police and industry representatives.

“When customers are permitted to fill their vehicle with fuel prior to payment, an implied agreement is created between the customer and the service station, and where this is breached, it is a breach of a civil agreement that should be resolved without police involvement.

“Where there is evidence that a person never intended to pay for the fuel, for example when the vehicle involved is stolen, or where false number plates are on the vehicle, police will investigate further to identify any criminal conduct.

“An effective solution to this issue would be an industry-wide practice of prepaid fuel purchases. This system is already commonly used at night time by many service stations, which is testament to the benefits of such arrangements.

“WA Police is currently assessing reported fuel drive-offs to identify trends that may assist the industry make the appropriate changes to their premises and practices to minimise the prevalence of these incidents."

47 comments

Once again, the majority to suffer the inconvenience due to the minority. And the worst part is the 'police don't do anything'

Commenter

Mark

Date and time

May 22, 2014, 9:56AM

Mark.... Get your facts straight champo. If it is deemed to be a civil matter... The Police CANNOT act on it. Its not that they won't, they can't. Only if criminality is determined then may the Police act. If its your run of the mill drive off, criminality can be difficult to ascertain. As AC Budge said... If its a stolen car, has false plates and criminality determined the Police will investigate. Police have to prove guilt beyond a reasonable doubt... A much higher standard of proof than the offenders potential defence.

Commenter

Realist

Location

Perth

Date and time

May 22, 2014, 11:00AM

wages stagnant, petrol excise to be raised, record house prices, no dole for the unemployed, .....theft of all kind is about to get a whole lot worse

Commenter

Saint Matthew

Date and time

May 22, 2014, 11:20AM

@Realist. Isn't theft a crime? The police in Victoria have stopped following these matters up because they want the operators to introduce pay before you buy. It's like these stupid tap cards that the banks have introduced.People are having them stolen from their letterboxes. Crims can have a field day shopping anywhere for under $100.

Commenter

Catherine

Date and time

May 22, 2014, 12:26PM

Only going off the story Chumpo!

Commenter

Mark

Date and time

May 22, 2014, 12:41PM

Actually Realist, Mr Budgie is being economical with the truth. The implied agreement is that you will pay for your fuel after you fill up. Just as when I go to the shops the implied agreement is that I take the item to the checkout and pay for it. If it were never my intention to pay for the fuel and never my intention to pay for an item at the grocery store at the time I select the item or take the fuel it is stealing and the stealing occurs at the time I move the object with the said intent. That is called asportation. The real reason the police don't investigate (as they used to) is one of resources. Why should police resources be utilised when the means exist (prepay) to just about knock such thefts on the head. The industry does not like prepaid as they lose impulse buying in their stores. Police have always investigated matters to determine if criminality exists, ie assaults (which can be lawful in certain circumstances), this is no different. The industry should help themselves first. It's called crime prevention.

Commenter

Stephen

Location

Hillarys

Date and time

May 22, 2014, 2:10PM

@Realist spoken like a true cop. Turn everything into a civil matter so you don't have to do anything. They done the same to the taxi industry not wanting to investigate fare evaders then handed the responsibility to the transport dept.. Toss up which is more effective and the people who commit these offences get to know the apathy and the crime spreads.@Stephen apply your logic to say a rape victim. Do you stop investigating the crime because it could have been prevented ?

Commenter

Andy R

Date and time

May 22, 2014, 3:30PM

Seriously Andy, are you equating a fuel drive off (stealing) to a rape? Police resources are finite. It is a matter of priority. The means to prevent fuel drive off's exist. Nothing excuses the theft but it's a commercial decision by operators. Would you prefer a crime committed or one prevented? I think Taxi drivers should be paid up front, simple. No evaders then. And, yes Andy I was a cop and yes Andy I have charged many rapists who were subsequently jailed. Please don't trivialise such a heinous offence with a ridiculous analogy when you know the answer.

Commenter

Stephen

Location

Hillarys

Date and time

May 22, 2014, 4:42PM

Is walking into Myer and grabbing something and walking out without paying also a "civil matter" ?

For the police to claim this is not "theft" is sheer laziness on their part.

Commenter

enno

Location

sydney

Date and time

May 22, 2014, 7:52PM

How "simple" is it, to pay the taxi driver up front, when the fares are metered and neither I nor the taxi driver know how much it is ?

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